Revisions to Personal Protective Equipment Requirements in Title 3, California Code of Regulations
The Department of Pesticide Regulation (DPR) has adopted amended regulations to clarify and reorganize the personal protective equipment (PPE) requirements. These changes reduce ambiguity and update California regulations to align with U.S. Environmental Protection Agency guidelines and industry standards. The pesticide use enforcement activities that will be most affected by these changes are those pertaining to worker safety and personal protective equipment. Effective July 1, 2015, DPR has amended Title 3, California Code of Regulations (3 CCR), sections 6000, 6702, 6720, 6724, 6738, 6739, 6764, 6771, 6793, and 6795; adopted sections 6738.1, 6738.2, 6738.3, and 6738.4; and repealed sections 6486.7 and 6736.
Significant changes include:
Definitions. 3 CCR§6000.
The definition for “assure and ensure” was repealed. Instead, standard dictionary definitions apply when either assure or ensure is used in division 6.
Waterproof is no longer equivalent to chemical-resistant. Only chemical-resistant is defined in this section.
Personal Protective Equipment Care. 3 CCR§6738.
This section now only includes employer responsibilities for PPE care. The amended language requires employers to provide all PPE required by product labeling, regulation, and restricted materials permit condition. Designated PPE storage places must now be both pesticide free and clean.
Personal Protective Equipment Use. 3 CCR§6738.1.
This new section consolidates existing requirements for when employees must wear PPE as required by product labeling, regulations, or restricted material permit conditions (i.e. when to wear protective eyewear, gloves, footwear, headgear, coveralls, aprons, and/or suits.) The requirement to wear coveralls when handling pesticides with the signal word “Danger” or “Warning” was relocated from section 6736 to this new section (6738.1[e]). Flagger specific PPE requirements have been repealed. PPE exemptions and substitutions are relocated to the new section 3 CCR section 6738.4.
Selection of Protective Eyewear. 3 CCR§6738.2.
When employees are required to wear protective eyewear, the eyewear must comply with the requirements list in 3 CCR§6738.2. In addition to providing brow and temple protection, all protective eyewear must now be marked as meeting the American National Standard Institute for Occupational and Educational Personal Eye and Face Protection Device (ANSI Z87.1-2010) standards. Protective eyewear and prescription eyewear must not interfere with the fit and functions of each other. If product labeling specifies a type of eyewear, that eyewear or a more protective type must be worn. [For example: if product labeling states safety glasses must be worn, then safety glasses, goggles or a full face respirator would fulfill this requirement. A face shield would not fulfill this requirement because it is not more protective to the eyes than safety glasses.] A guidance document for 3CCR§6738.2, including order of protectiveness, will be issued soon.
Selection of Gloves. 3 CCR§6738.3
The new section 6738.3 sets the standards for glove type and thickness when chemical resistant gloves are required by labeling, regulation or permit. When chemical resistant gloves are required by product labeling, the glove materials must be rated for a “high” level of resistance on the EPA Chemical Resistance Category Selection Chart for Gloves. If the product labeling specifies a chemical resistance category (e.g. category A) for barrier materials, then only gloves rated for a “high” level of chemical resistance for that particular category must be used. Acceptable barrier materials are now listed by category in 3 CCR section 6738.3(a)(1-7). If labelling only requires chemical-resistant gloves, without specifying a category, then any of the high level glove materials may be used (i.e. any material in 3 CCR section 6738.3[a][1]). All barrier materials must be at least 14 mils thick, except when using either barrier laminate or polyethylene gloves, or when performing specific handler tasks. Specific handler tasks where thinner gloves may be used are those requiring high dexterity and motor control skills such as fine adjustments to application equipment. Thinner gloves can be used for those activities for a maximum of 15 minutes after which the gloves are discarded and not re-used.
Separable glove liners are now permitted under chemical resistant gloves. Use of liners is consistent with U.S. EPA‘s guidelines and cannot extend past the cuff of the chemical resistant gloves. These liners must be disposed of at the end of the workday or whenever contaminated by pesticide. Flocked-gloves or other non-separable liners are still prohibited.
Personal Protective Equipment Exemptions. 3 CCR§6738.4.
This new section consolidates existing exemptions and substitutions for required personal protective equipment. Exemptions are organized into three subsections based on the exempt PPE combinations: chemical resistant gloves and protective eyewear (6738.4[a]), only protective eyewear (6738.4[b]), and respiratory protection and protective footwear (6738.4[f]). However, all exempted PPE must be present and available for use at the worksite and stored in chemically-resistant containers. Substitutions for required PPE are organized into four subsections based on scenarios: handlers using a closed system for pesticide products with the signal word “Danger” or “Warning” (6738.4[c]), handlers using a closed system for pesticide products with the signal word “Cautio” (6738.4[d), handlers occupying an enclosed cab (6738.4[e]), and during aircraft operation (6738.4[g]).
Heat Related Illness Training. 3 CCR§§6724(b)(9), 6771(a)(6), & 6764(b).
Heat-related illness prevention and response training must follow Title 8 CCR3395 requirements.
Respirator Protection. 3 CCR§6739.
Emergency-use or secondary SCBAs are now required to be checked to ensure that air cylinders are maintained at 100% capacity prior to every use of a pesticide requiring their presence. Previously, these cylinders were only required to be checked monthly to ensure they are maintained at 100% capacity. Escape only respirators must be inspected prior to being brought into the workplace for use and before use.
Coveralls. 3 CCR§6736.
3 CCR 6736 was repealed. Many of the employer coverall requirements are now in sections 6738(a)(1- 6), containing the care and handling requirements, and 6738.1(e), the requirement for coveralls when handling pesticides with the signal word “Danger” or “Warning” as well as the existing exemption for coveralls when using fumigants. Employees are no longer required to start the workday in coveralls when handling pesticides with the signal word “Danger” or ” Warning.” Instead, employees must wear coveralls whenever handling pesticides with the signal word “Danger” or “Warning.”
Minimal Exposure Pesticide Safety Use Requirements. 3 CCR§6793.
Employers are now only required to provide and maintain coveralls to employees who handle minimal exposure pesticides. Protective eyewear is now required when using a closed mixing system. Flagger specific exemptions and requirements have been removed.
Azinphos Methyl. 3 CCR§6486.7.
This section was repealed. All uses of azinphos-methyl have been prohibited since September 30, 2012.
A copy of the final text of the regulations is enclosed. In addition, DPR is updating the citeable sections list. Please note that although the inspection forms won’t be amended at this time, DPR will be revising the applicable instructions in Compendium Volume 4, Inspection Procedures and interpretations in Compendium Volume 8, Guidelines for Interpreting Pesticide Laws, Regulations, and Labeling.
If you have questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,